Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Russell W. Jacobs |
ETHNICITY AND THE RECOGNITION OF ASIAN SURNAMES THROUGH TRADEMARK FILINGS |
30 Fordham Intellectual Property, Media and Entertainment Law Journal 17 (Fall, 2019) |
This Article presents the results of a study using U.S. Patent and Trademark Office (USPTO) trademark application records to determine the rates of recognition of surnames held by people belonging to six Asian ethnic groups-- Chinese, Filipino, Indian, Japanese, Korean, and Vietnamese. This study follows upon an earlier study that examined a... |
2019 |
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Shakira D. Pleasant |
FISHER'S FOREWARNING: USING DATA TO NORMALIZE COLLEGE ADMISSIONS |
21 University of Pennsylvania Journal of Constitutional Law 813 (February, 2019) |
This Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (UT) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious... |
2019 |
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Alisa Smith, J.D., Ph.D. , Yanmei (Jennifer) Patella, M.S. |
RACE AND MISDEMEANOR COURT DISPOSITIONS: AN AGGREGATE STUDY OF THE "TIPPING POINT" |
22 Journal of Gender, Race and Justice 291 (Fall, 2019) |
This macro-level study of misdemeanor court disposition rates in Florida counties over a sixteen-year period lends some support to racial diversity (percentage reporting Black or African American and Some Other Race) as a perceived social threat, resulting in increased misdemeanor disposition rates. Using OLS linear regression and time series... |
2019 |
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Harvey Gee |
REDUX: ARGUING ABOUT ASIAN AMERICANS AND AFFIRMATIVE ACTION AT HARVARD AFTER FISHER |
26 Asian American Law Journal 20 (2019) |
Introduction. 20 I. The Students for Fair Admission Against Harvard College Lawsuit. 24 II. Repeating Tired Old Arguments. 29 III. Destination: Supreme Court?. 38 IV. Beyond Harvard: Race, Admissions, and the Lack of Student Diversity. 40 Conclusion. 44 |
2019 |
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Riley Edward Kane |
STRAINING TERRITORIAL INCORPORATION: UNINTENDED CONSEQUENCES FROM JUDICIALLY EXTENDING CONSTITUTIONAL CITIZENSHIP |
80 Ohio State Law Journal 1229 (2019) |
C1-2Table of Contents I. Introduction. 1230 II. Background and History of the U.S. Territories. 1234 III. The Insular Cases Permit the United States to Cede Land. 1237 A. The Insular Cases Remain Valid While Shifting to Protect Local Customs. 1237 1. The Insular Cases under Current Law. 1239 2. Recent Lower Court Decisions Favor Reinterpreting... |
2019 |
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Russ Jacobs |
THE IMPACT OF NAMENESS, RACE, ORTHOGRAPHY, AND POPULATION ON TRADEMARK REGISTRATION OF SURNAMES |
22 Journal of Gender, Race and Justice 185 (Fall, 2019) |
This Article explores a problem in trademark law involving the concept of nameness--the degree to which people recognize a word as a personal name--and specifically the strength of the surname function of a homonym over any other interpretations. If a term has high nameness then the United States Patent and Trademark Office (U.S.P.T.O.) will... |
2019 |
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Susan K. Serrano |
A REPARATIVE JUSTICE APPROACH TO ASSESSING ANCESTRAL CLASSIFICATIONS AIMED AT COLONIZATION'S HARMS |
27 William & Mary Bill of Rights Journal 501 (December, 2018) |
Introduction. 501 I. Davis V. Guam in Legal-Political Context. 506 A. The Dismantling of Justice. 507 B. Rice v. Cayetano: Ancestry as Proxy for Race. 510 C. Davis v. Guam: Ancestry as Invidious Racial Purpose. 514 II. A Reparative Justice Approach to Remedying the Harms of Colonization. 518 A. Ancestry and Race as Key to Colonization. 519 B.... |
2018 |
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Robert Brauneis, Dotan Oliar |
AN EMPIRICAL STUDY OF THE RACE, ETHNICITY, GENDER, AND AGE OF COPYRIGHT REGISTRANTS |
86 George Washington Law Review 46 (January, 2018) |
Who is the author in copyright law? Knowing who our copyright system currently incentivizes to create which works is a necessary precondition for any effective copyright reform, yet copyright scholarship has thus far treated authors only through a priori conceptual analysis. This Article explores the author empirically. Do those who self-identify... |
2018 |
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Carol Goforth |
DIVERSITY IN LAW SCHOOL FACULTY HIRING: WHY IT IS A MISTAKE TO MAKE IT ALL ABOUT RACE |
56 University of Louisville Law Review 237 (2018) |
It is depressing to realize that we continue to live in a society where people are too often judged by the color of their skin rather than the content of their character. Despite widespread acknowledgment by most citizens that race alone is not an appropriate basis on which to judge individuals, progress in achieving a society where race, in and of... |
2018 |
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Susan K. Serrano |
ELEVATING THE PERSPECTIVES OF U.S. TERRITORIAL PEOPLES: WHY THE INSULAR CASES SHOULD BE TAUGHT IN LAW SCHOOL |
21 Journal of Gender, Race and Justice 395 (Winter, 2018) |
I. Introduction. 395 II. The Insular Cases in Socio-Historical Context. 402 A. Downes v. Bidwell and the Doctrine of Territorial Incorporation. 404 B. Balzac v. Porto Rico and the Aftermath of the Insular Cases. 409 C. Ongoing Impacts of the Doctrine of Territorial Incorporation. 411 III. The Insular Cases in the Law School Curriculum: An Overview.... |
2018 |
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Brendan McCloskey |
GRANTING SAMOANS AMERICAN CITIZENSHIP WHILE PROTECTING SAMOAN LAND AND CULTURE |
10 Drexel Law Review 497 (2018) |
American Samoa is the only inhabited U.S. territory that does not have birthright American citizenship. Having birthright American citizenship is an important privilege because it bestows upon individuals the full protections of the U.S. Constitution, as well as many other benefits to which U.S. citizens are entitled. Despite the fact that American... |
2018 |
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Cameron M. Brown Britt |
INVISIBLE INEQUALITY & ECONOMIC EMPOWERMENT: DOMESTIC VIOLENCE, DISCRIMINATION, AND THE CREATION OF A NEW PROTECTED CLASS |
2 Business, Entrepreneurship & Tax Law Review 451 (Fall, 2018) |
Today, there is a large population of Americans whose plight is invisible to much of the rest of society--the survivors of domestic and sexual abuse and violence. While in the last few years survivors' voices are beginning to be heard, the legal landscape is still lagging far behind and is sorely inadequate to provide protections and relief to... |
2018 |
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Raisa D'Oyley |
OVERREPRESENTED AND UNDER THE RADAR: BLACK IMMIGRANTS IN LAW SCHOOL AND THE LEGAL PROFESSION |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2018) |
Though black immigrants only represent less than nine percent of the population of blacks in America, they are overrepresented in colleges and universities, particularly at selective institutions. Researchers have not been able to conclusively determine the cause. Though unidentifiable, these factors will continue to influence representation in... |
2018 |
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Rose Cuison Villazor |
PROBLEMATIZING THE PROTECTION OF CULTURE AND THE INSULAR CASES |
131 Harvard Law Review Forum 127 (April, 2018) |
On September 28, 2017, the U.S. Department of Justice filed a lawsuit against the government of Guam claiming that it engaged in racial and national origin discrimination in violation of the Fair Housing Act. According to the complaint in United States v. Guam, a local government agency, the Chamorro Land Trust Commission (Commission), limits... |
2018 |
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Harvey Gee |
ASIAN AMERICANS AND THE LAW: SHARING A PROGRESSIVE CIVIL RIGHTS AGENDA DURING UNCERTAIN TIMES |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
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Eboni S. Nelson , Ronald Pitner , Carla D. Pratt |
ASSESSING THE VIABILITY OF RACE-NEUTRAL ALTERNATIVES IN LAW SCHOOL ADMISSIONS |
102 Iowa Law Review 2187 (July, 2017) |
ABSTRACT: Over the past several years, law schools have experienced many challenges stemming from declines in student enrollment due to a shrinking applicant pool. The declining number of applicants is particularly problematic for law schools seeking to educate students in racially diverse learning environments. In light of recent challenges to the... |
2017 |
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Susan McCarter , Elisa Chinn-Gary , Louis A. Trosch, Jr. , Ahmed Toure , Abraham Alsaeedi , Jennifer Harrington |
BRINGING RACIAL JUSTICE TO THE COURTROOM AND COMMUNITY: RACE MATTERS FOR JUVENILE JUSTICE AND THE CHARLOTTE MODEL |
73 Washington and Lee Law Review Online 641 (3/29/2017) |
This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system,... |
2017 |
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CHAPTER THREE |
130 Harvard Law Review 1680 (April, 2017) |
It is now commonly observed that the meaning of federalism is not fixed but shifts over time to serve various ends and to encompass different conceptions of the proper relationship between the states and the national government. The same is increasingly true of a less familiar corner of constitutional law: the doctrine governing the reach of the... |
2017 |
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Maya Sen |
DIVERSITY, QUALIFICATIONS, AND IDEOLOGY: HOW FEMALE AND MINORITY JUDGES HAVE CHANGED, OR NOT CHANGED, OVER TIME |
2017 Wisconsin Law Review 367 (2017) |
Ever since the Carter Administration began appointing female and minority judges in large numbers, scholars have sought to measure their impact. In this Article, I focus on a different, but equally important question: what is the background and ideology of female and minority judges and how has this changed over time? I address this issue... |
2017 |
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Danaya C. Wright , Beth Sterner |
HONORING PROBABLE INTENT IN INTESTACY: AN EMPIRICAL ASSESSMENT OF THE DEFAULT RULES AND THE MODERN FAMILY |
42 ACTEC Law Journal 341 (Winter, 2017) |
This article provides preliminary analysis of an empirical study of nearly 500 wills probated in Alachua and Escambia Counties in the State of Florida in 2013. The particular focus of the study is to determine if there are noticeable patterns of property distribution preferences among decedents based on their diverse family relationships. Earlier... |
2017 |
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Cory R. Lepage , Jeff D. May |
THE ANCHORAGE, ALASKA MUNICIPAL PRETRIAL DIVERSION PROGRAM: AN INITIAL ASSESSMENT |
34 Alaska Law Review 1 (June, 2017) |
Pretrial diversion programs have the potential to prevent future criminal behavior through intervention and community based services. This may be particularly true for specific populations of offenders such as those with mental illness, substance abuse disorder, and those with co-occuring disorders. Pretrial diversion programs take low-level... |
2017 |
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Sean Baker |
THE SAVING GRACE OF PUBLIC DEFENSE? IS THE "CLIENT-CHOICE" METHOD A CURE-ALL FOR THE PROBLEMS THAT PLAGUE THIS OVERBURDENED SYSTEM? |
50 John Marshall Law Review 307 (Winter, 2017) |
I. Introduction. 307 II. Background. 309 A. The Right to Assistance of Counsel. 309 B. Types of Appointed Defense. 310 1. Appointment by Contracting. 310 2. Appointment by the Court. 312 3. Public Defender Systems. 312 4. Comal County's Client-Choice System. 315 III. Analysis. 317 A. Demographic Comparisons. 317 1. Los Angeles County, California,... |
2017 |
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Yujin Yi |
THE STATUS QUO OF RACIAL DISCRIMINATION IN JAPAN AND THE REPUBLIC OF KOREA AND THE NEED TO PROVIDE FOR ANTI-DISCRIMINATION LAWS |
7 Columbia Journal of Race and Law 410 (2017) |
Japan and the Republic of Korea, two neighboring nations situated in East Asia, have homogenous demographics. Both societies face large influxes of foreigners--from immigration and tourism alike--due to various factors ranging from rapidly aging populations, low birth rates, and globalization. Despite this, neither country has sufficient legal... |
2017 |
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Sascha Hein, Baptiste Barbot, Amanda Square, John Chapman, Catherine Foley Geib, Elena L. Grigorenko, University of Houston, Pace University and Yale University, Yale University, Connecticut Judicial Branch, Court Support Services Division, University of |
VIOLENT OFFENDING AMONG JUVENILES: A 7-YEAR LONGITUDINAL STUDY OF RECIDIVISM, DESISTANCE, AND ASSOCIATIONS WITH MENTAL HEALTH |
41 Law and Human Behavior 273 (June, 2017) |
Serious and violent offending among juveniles is a consistent concern of researchers, practitioners, and policymakers, yet the development of violent offending remains poorly understood because of limited availability of relevant data, small sample sizes, and shortage of longitudinal data sets. This study analyzed developmental patterns of violent... |
2017 |
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Iyanrick John , Kathy Ko Chin |
A REVIEW OF POLICIES AND STRATEGIES TO IMPROVE ACCESS TO HEALTH CARE FOR LIMITED ENGLISH PROFICIENT INDIVIDUALS IN THE ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER COMMUNITY |
16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) |
A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... |
2016 |
Yes |
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CHAPTER 3 THE SOCIOLOGICAL QUESTION: GOALS AND LEGITIMACY |
47 IUS Gentium 41 (2016) |
The purposes of affirmative action cannot be totally isolated from its morality/ethics. Nevertheless, the goal broadly refers to the intention of the state authority enacting an affirmative action plan, thus being essentially subjective in nature, whereas the ethics of the policy is measured against the prevailing notions of morality, thus it is... |
2016 |
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Gwendolyn M. Leachman |
INSTITUTIONALIZING ESSENTIALISM: MECHANISMS OF INTERSECTIONAL SUBORDINATION WITHIN THE LGBT MOVEMENT |
2016 Wisconsin Law Review 655 (2016) |
Introduction. 655 I. Essentialism, Identity Politics, and LGBT Movement Critique. 658 A. Intersectionality and Strategic Essentialism. 659 B. Strategic Essentialism & Structural Racism. 661 II. An Institutional Perspective on Intersectional Marginalization Within Social Movements. 664 A. Institutional Research in Sociology. 664 B. Institutional... |
2016 |
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Sarah R. Boonin |
TEN YEARS TOO LONG--REFORMING SOCIAL SECURITY'S MARRIAGE DURATION REQUIREMENT IN CASES OF DOMESTIC VIOLENCE |
39 Harvard Journal of Law & Gender 369 (Summer, 2016) |
Social Security's retirement program has evolved over time to become a major source of economic security in older age for workers' family members, including spouses and ex-spouses. To qualify for derivative retirement benefits as an ex-spouse, the applicant must have been married to the wage earner for at least ten years. This Article explores... |
2016 |
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Chan Hee Chu |
WHEN PROPORTIONALITY EQUALS DIVERSITY: ASIAN AMERICANS AND AFFIRMATIVE ACTION |
23 Asian American Law Journal 99 (2016) |
In recent years, Asian Americans have become key players in the affirmative action debate. The current legal scholarship, however, has painted an overly simplistic picture of the impact of affirmative action on Asian Americans. Frank Wu, William C. Kidder, and other scholars have asserted that negative rather than affirmative action is the cause of... |
2016 |
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Kim D. Chanbonpin |
BETWEEN BLACK AND WHITE: THE COLORING OF ASIAN AMERICANS |
14 Washington University Global Studies Law Review 637 (2015) |
While reporting on the civil unrest that followed the police killing of Mike Brown in Ferguson, Missouri last August, Fox News host Bill O'Reilly became enraged when his guest Megyn Kelly suggested that race-based privilege shields White people from police violence while it simultaneously subordinates Black people. After the brief on-air debate,... |
2015 |
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Stacy Hawkins |
DIVERSITY, DEMOCRACY & PLURALISM: CONFRONTING THE REALITY OF OUR INEQUALITY |
66 Mercer Law Review 577 (Spring 2015) |
[I]f liberty and equality . . . are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost. Aristotle The genius of republican liberty seems to demand on one side, not only that all power should be derived from the people, but that . . . the trust should be placed not in a few,... |
2015 |
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Donna H. Lee |
INTIMATE PARTNER VIOLENCE AGAINST ASIAN AMERICAN WOMEN: MOVING FROM THEORY TO STRATEGY |
28 Columbia Journal of Gender and Law 315 (2015) |
Despite theoretical advances in understanding intimate partner violence (IPV), practical strategies for addressing the destruction it wreaks on individuals, families, and communities have stagnated. Criminal prosecutions of domestic violence, legal services to help IPV survivors obtain civil orders of protection, emergency shelters, and social... |
2015 |
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Lisa R. Pruitt , J. Cliff McKinney, II , Bart Calhoun |
JUSTICE IN THE HINTERLANDS: ARKANSAS AS A CASE STUDY OF THE RURAL LAWYER SHORTAGE AND EVIDENCE-BASED SOLUTIONS TO ALLEVIATE IT |
37 University of Arkansas at Little Rock Law Review 573 (Summer, 2015) |
In recent years, state high courts, legislatures, bar associations, and other justice system stakeholders have become aware that a shortage of lawyers afflicts many rural communities across the nation and that this dearth of lawyers has implications for access to justice. A lack of systematically collected data about precisely where lawyers... |
2015 |
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Abigail L. Perdue |
THE SOLIDARITY PARADOX |
23 Duke Journal of Gender Law & Policy 45 (Fall 2015) |
I am an invisible man . . . because of a peculiar disposition of the eyes of those with whom I come in contact. A matter of the construction of their inner eyes, those eyes with which they look through their physical eyes upon reality. . . . [Y]ou often doubt if you really exist. I live under the power of the fathers, and I have access only to... |
2015 |
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Brinkley Beecher Cook-Campbell |
"SCHOOLHOUSE BLOCK": WHY THE ARKANSAS PUBLIC SCHOOL CHOICE ACT SHOULD BE IMPROVED BUT NOT ELIMINATED |
67 Arkansas Law Review 927 (2014) |
Imagine that you are a high school student living with your parents in Arkansas. You currently attend school in the district in which you reside, but you would like to transfer to another district because it offers the Advanced Placement courses that appeal to college admissions officers. However, you are told you cannot transfer because granting... |
2014 |
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Marc-Tizoc González |
CRITICAL ETHNIC LEGAL HISTORIES: UNEARTHING THE INTERRACIAL JUSTICE OF FILIPINO AMERICAN AGRICULTURAL LABOR ORGANIZING |
3 UC Irvine Law Review 991 (December, 2013) |
I. Introduction--Filipino and Mexican Solidarity Sparks the Great Delano Grape Strike of September 1965. 992 II. From Law Stories to Critical Ethnic Legal Histories. 1004 A. Theoretical Interventions--Critical Outsider Jurisprudence and Comparative Ethnic Studies. 1007 B. The Unwritten Histories of California Legal Advocacy Organizations. 1017 C.... |
2013 |
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Alex M. Johnson, Jr. |
INCLUDING DIVERSITY IN U.S. NEWS' RANKINGS: ONE SMALL STEP IN THE RIGHT DIRECTION |
27 Journal of Civil Rights & Economic Development 167 (Fall, 2013) |
Robert Morse, director of data research at U.S. News & World Report, is the principal architect of that magazine's annual ranking project: America's Best Graduate Schools which ranks American Bar Association (ABA) accredited law schools (the rankings). U.S. News & World Report (U.S. News) has been publishing the rankings since 1990 and Mr. Morse... |
2013 |
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Rebecca K. Lee |
JUDGING JUDGES: EMPATHY AS THE LITMUS TEST FOR IMPARTIALITY |
82 University of Cincinnati Law Review 145 (Fall, 2013) |
This Article examines the role of empathy in judging, which has been directly raised and questioned in recent years, in light of the discussion surrounding judicial nominations and appointments to the Supreme Court. President Barack Obama was right to emphasize that empathy is an important quality to be found in a judicial nominee, but his public... |
2013 |
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Rebecca K. Lee |
SONIA SOTOMAYOR: ROLE MODEL OF EMPATHY AND PURPOSEFUL AMBITION REVIEWING MY BELOVED WORLD BY SONIA SOTOMAYOR (2013) |
98 Minnesota Law Review Headnotes 73 (2013) |
It is clear that Justice Sonia Sotomayor takes seriously her roles as both a U.S. Supreme Court Justice and judicial role model, as reflected in her purpose and message in writing her memoir, My Beloved World. As an individual who rose from challenging beginnings to a federal district court judgeship and ultimately to the Supreme Court, she... |
2013 |
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Robert S. Chang |
THE INVENTION OF ASIAN AMERICANS |
3 UC Irvine Law Review 947 (December, 2013) |
Introduction. 947 I. Race Is What Race Does. 950 II. The Invention of the Asian Race. 952 III. The Invention of Asian Americans. 956 IV. Racial Triangulation, Affirmative Action, and the Political Project of Constructing Asian American Communities. 959 Conclusion. 964 |
2013 |
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Meredith P. Richards , Kori J. Stroub , Julian Vasquez Heilig , Michael R. Volonnino |
ACHIEVING DIVERSITY IN THE PARENTS INVOLVED ERA: EVIDENCE FOR GEOGRAPHIC INTEGRATION PLANS IN METROPOLITAN SCHOOL DISTRICTS |
14 Berkeley Journal of African-American Law & Policy 65 (2012) |
Landmark legal victories over de jure segregation in the wake of Brown v. Board of Education of Topeka helped to secure dramatic decreases in the racial and ethnic segregation of schools in subsequent decades, especially in the formerly segregated American South. The promise of the post-Brown era proved ephemeral, however; nearly sixty years after... |
2012 |
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Frank H. Wu |
BECOMING ASIAN AMERICAN: AN INTERVIEW WITH KEITH AOKI |
45 U.C. Davis Law Review 1609 (June, 2012) |
Keith Aoki and I were friends. He and I had in common, among other things, that we both came from Detroit, a place that exemplifies so much of what is great about twentieth-century America and what is tragic too, from the advent of the assembly line and the success of the labor movement to racial segregation, white flight, suburban sprawl, and... |
2012 |
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Roxanne Melvin |
COMMENT: OPEN DOOR TO PHARMACEUTICAL SHORTCUTS: HOW THE FDA CAN REGULATE RACE-BASED PERSONALIZED MEDICINE |
6 Health Law & Policy Brief 25 (Spring, 2012) |
On September 27, 2011 the UC Berkeley College Republicans hosted a bake sale that was splashed across headlines. This sensational bake sale had a slightly different pricing scheme from the average bake sale: prices ranged from two dollars for white men to twenty-five cents for Native Americans. If you were not in attendance for the uproar leading... |
2012 |
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Roel Mangiliman , Myron Dean Quon |
IN THE MARGINS: HOW MAINSTREAM LEGAL ADVOCACY STRATEGIES FAIL TO FULLY ASSIST ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER LGBT YOUTH |
19 Asian American Law Journal 5 (2012) |
Introduction: Charlene Nguon. 6 I. Who are Asian American, Native Hawaiian, and Pacific Islander Lesbian Gay Bisexual Transgender Youth?. 9 A. Demographics. 10 B. Racism and Homophobia. 12 II. Mainstream Legal Strategies. 14 A. LGBT Legal Strategies. 14 B. APA Legal Strategies. 16 III. How Mainstream Legal Strategies Fail To Empower APA LGBT Youth.... |
2012 |
Yes |
Nicole Manglona Torres |
SELF-DETERMINATION CHALLENGES TO VOTER CLASSIFICATIONS IN THE MARIANAS AFTER RICE v. CAYETANO: A CALL FOR A CONGRESSIONAL DECLARATION OF TERRITORIAL PRINCIPLES |
14 Asian-Pacific Law and Policy Journal 152 (2012) |
Introduction. 153 I. Historical Background: The Political Evolution of the CNMI and Guam. 159 A. The Case of the CNMI and Article XII. 160 B. The Case of Guam and the Political Status Plebiscite. 165 II. Current Challenges to Voter Classifications in the CNMI and Guam. 170 A. The CNMI's NMD Voter Classification. 173 B. Guam's Native Inhabitants... |
2012 |
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Kim Dayton |
STANDARDS FOR HEALTH CARE DECISION-MAKING: LEGAL AND PRACTICAL CONSIDERATIONS |
2012 Utah Law Review 1329 (2012) |
In contemporary guardianship systems, it is likely that most court-appointed guardians will eventually be called upon either to make or to assist the ward to make health care decisions of many sorts. These decisions may involve matters as simple as scheduling physician or dental appointments for the ward, helping her to complete medical history... |
2012 |
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Sarah E. Redfield , Theresa Kraft |
WHAT COLOR IS SPECIAL EDUCATION? |
41 Journal of Law and Education 129 (January, 2012) |
. [I]n finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on those qualities which are incapable of objective measurement but which make for greatness in a law school. [T]he Court, in requiring that a Negro admitted to a white graduate school be treated like all... |
2012 |
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Alaina R. Walker |
CHOOSING TO BE MULTIRACIAL IN AMERICA: THE SOCIOPOLITICAL IMPLICATIONS OF THE "CHECK ALL THAT APPLY" APPROACH TO RACE ADOPTED IN THE 2000 U.S. CENSUS |
21 Berkeley La Raza Law Journal 61 (2011) |
The personal is political. Race in America has long been a contentious subject, especially when the government has been involved. Race can mean something different to everyone, and yet, it is widely understood as having real implications and consequences. Many scholars understand that race is a social construct[:] a social artifact, which... |
2011 |
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John R. Lott Jr., J. Mark Ramseyer, Jeffrey Standen |
PEER EFFECTS IN AFFIRMATIVE ACTION: EVIDENCE FROM LAW STUDENT PERFORMANCE |
31 International Review of Law & Economics 1 (March, 2011) |
Article history: Received 28 May 2009 Received in revised form 4 August 2010 Accepted 6 January 2011 Keywords: Affirmative action Critical mass JEL classification: I2 J7 K19 In the Grutter case, Justice O'Connor suggested that universities could justifiably try to enroll a critical mass of minority students. Enroll fewer than that critical... |
2011 |
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Erin York Cornwell, Valerie P. Hans |
REPRESENTATION THROUGH PARTICIPATION: A MULTILEVEL ANALYSIS OF JURY DELIBERATIONS |
45 Law and Society Review 667 (September, 2011) |
Fully participatory jury deliberations figure prominently in the idealized view of the American jury system, where balanced participation among diverse jurors leads to more accurate fact-finding and instills public confidence in the legal system. However, research more than 50 years ago indicated that jury-room interactions are shaped by social... |
2011 |
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